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Republic of the Philippines

Professional Regulation Commission


Manila
________________________________________________________________________________________________________________

The Professional Regulatory

Board of Architecture (PRBoA)


Office of the Chairman
Email Address: prboa.prc.gov.ph@gmail.com URL/ website : www.architectureboard.ph
________________________________________________________________________________________________________________

Your Ref:

Our Ref: 08_PRBoA-161r

28 May 2008 Archt. Rozanno Rosal, fuap


SUBJECT :

Statement that Architectural (and Architectural Interior) Design are Exclusive Parts of the Scope of the Practice of Architecture as Defined Under R.A. No. 9266 (The Architecture Act of 2004) and its 2004 Implementing Rules and Regulations

Dear Arch. Rosal, Warm greetings! In response to Your generic query as to whether architectural design is indeed part of the scope of regulated architectural practice, please find hereafter the initial findings of the PRBoA based on valid and subsisting laws:
1)

Republic Act (R.A.) No. 9266 (Architecture Act of 2004), its 2004 Implementing Rules and Regulations (IRR) and its derivative regulations including the 1979 UAP Documents i.e. the Architects National Code (ANC) that were promulgated by the PRC as part of the IRR of R.A. 1581/ R.A. 545 (the predecessor laws of R.A. No. 9266), all clearly refer to and/ or define architectural design as part and parcel of the scope of regulated architectural practice (reference Attachment 1); the generic bases, approach and methodology for architectural plan and design preparation is also appended for reference (reference Attachment 2); under Sec. 27 of R.A. No. 8534 (Philippine Interior Design Act of 1998), a Registered and Licensed Architect (RLA) is clearly referred to as a design professional; this means that there is admission on the part of the lawmakers that there is such a thing as architectural design, separate and distinct from interior design and engineering design (reference Attachment 3); and

2)

_____________________________________________________________________________________________ Statement that Architectural (and Architectural Interior) Design are Exclusive Parts of the Scope of the Practice of Architecture as Defined Under R.A. No. 9266 (The Architecture Act of 2004) and its 2004 Implementing Rules and Regulations dated 28 May 2008 page 1 of 36

3)

Sec. 302.3 of the 2004 Revised IRR (effective 01 May 2005) of P.D. No. 1096 (the 1977 National Building Code of the Philippines/ NBCP list as a requirement for the filing of building permit applications, five (5) sets of design plans and other documents prepared, signed and sealed by a Registered and Licensed Architect (RLA), in the case of architectural documents; in the case of architectural interior/interior design documents, either a registered and licensed architect (RLA) or interior designer (RLID) may sign; please note however that while this provision (merely part of an executive issuance) supposedly allows RLIDs to prepare, sign and seal architectural interior documents, the same is inconsistent with the provisions of R.A. No. 9266 (a statute), which verily prevails over an executive issuance; it is therefore the position of the PRBoA that RLIDs cannot prepare, sign nor seal architectural interior documents, only interior design documents (reference Attachment 4).

For Your information only. Thank You.

Yours sincerely, For the PRBoA

Armando N. ALL Chairman

file: 08may28_PRBoA-161r

att: 1)

Provisions in R.A. No. 9266 and its IRR that Pertain to Design as Part of the Scope of the Practice of the Regulated Profession of Architecture APPROACH, METHODOLOGY AND BASES OF ARCHITECTURAL PLAN AND DESIGN FOR PROJECTS GOVERNED BY/ PREPARED UNDER PHILIPPINE LAWS, RULES/ REGULATIONS AND STANDARDS; Anotated Excerpts from Republic Act No. 8534 (Philippine Interior Design Act of 1998) Anotated Excerpts from the 2004 Revised IRR of P.D. No. 1096 (the 1977 National Building Code of the Philippines/ NBCP)

2)

3)

4)

cc

: Offices of the PRC Chairperson, Professional Regulatory Board (PRB) Secretary; United Architects of the Philippines (UAP), the Integrated and Accredited Professional Organization of Architects (IAPoA)

_____________________________________________________________________________________________ Statement that Architectural (and Architectural Interior) Design are Exclusive Parts of the Scope of the Practice of Architecture as Defined Under R.A. No. 9266 (The Architecture Act of 2004) and its 2004 Implementing Rules and Regulations dated 28 May 2008 page 2 of 36

Attachment 1.
Provisions in R.A. No. 9266 and its IRR that Pertain to Design as Part of the Scope of the Practice of the Regulated Profession of Architecture

[ REPUBLIC ACT NO. 9266 ]


AN ACT PROVIDING FOR A MORE RESPONSIVE AND COMPREHENSIVE REGULATION FOR THE REGISTRATION, LICENSING AND PRACTICE OF ARCHITECTURE, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 545, AS AMENDED, OTHERWISE KNOWN AS "AN ACT TO REGULATE THE PRACTICE OF ARCHITECTURE IN THE PHILIPPINES," AND FOR OTHER PURPOSES

XXX
SEC. 3. Definition of Terms. As used in this Act, the following terms shall be defined as follows: 1.

"Architecture" is the art, science or profession of planning, designing and constructing buildings in their totality taking into
account their environment, in accordance with the principles of utility, strength and beauty;

2. "Architect" means

a person professionally and academically qualified, registered and licensed under this Act with a
Certificate of Registration and Professional Identification Card issued by the Professional Regulatory Board of Architecture and the Professional Regulation Commission, and who is responsible for advocating the fair and sustainable

cultural expression of societys habitat in terms of space, forms and historical context;
development, welfare and a. "Architect-of-record" means the architect registered and licensed under this Act, who is directly and

professionally responsible for

the total design of the project for the client and who shall assume the civil liability for the plans, specifications and
contract documents he/she has signed and sealed;

XXX 3. "General Practice of Architecture" means the act of planning and architectural designing, structural conceptualization, specifying, supervising and giving general administration and responsible direction to the erection, enlargement or alterations of buildings and building environments and architectural design in engineering structures or any part thereof; x x x
4. "Scope of the Practice of Architecture" encompasses the provision of professional services in connection with site, physical and planning and the enlargement, conservation, renovation, remodeling, limited to: a. planning, architectural

design, construction, restoration or alteration of a

building or group of buildings. Services may include, but are not designing and structural conceptualization;
_____________________________________________________________________________________________ Statement that Architectural (and Architectural Interior) Design are Exclusive Parts of the Scope of the Practice of Architecture as Defined Under R.A. No. 9266 (The Architecture Act of 2004) and its 2004 Implementing Rules and Regulations dated 28 May 2008 page 3 of 36

b. consultation, consultancy, giving oral or written advice and directions, conferences, evaluations, investigations, quality surveys, appraisals and adjustments, architectural and operational planning, site analysis and other prec. f.

design services; schematic design, design

development, contract documents and

construction phases including professional consultancies; construction and project management, giving general management, administration, supervision, coordination and responsible direction or the planning, architectural

xxx

designing, x x x
SEC. 14. Subjects for Examination. The licensure examination for architects shall cover, but are not limited to, the following subjects: 1. History and Theory of Architecture; Principles of Planning and Architectural Practice; 2. Structural , Building Materials, and Architectural Specifications, and Methods of Construction and Utilities; 3. Urban

Design

4. SEC. 20. Seal, Issuance and Use of Seal. A duly licensed architect shall affix the seal prescribed by the Board X X X 5. All architectural plans, , specifications, drawings and architectural documents relative to the construction of a building shall bear the seal and signature only of an architect registered and licensed under this Act together with his/her professional identification card number and the date of its expiration. X X X SEC. 29. Prohibition in the Practice of Architecture and Penal Clause. Any person who shall practice or offer to practice architecture in the Philippines without being registered/licensed and who are not holders of temporary or special permits in accordance with the provisions of this Act, or any person presenting or attempting to use as his/her own the Certificate of Registration/Professional Identification Card or seal of another or temporary or special permit, or any person who shall give any false or forged evidence o any kind to the Board or to any member thereof in obtaining a Certificate of Registration/Professional Identification Card or temporary or special permit, or any person who shall falsely impersonate any registrant of like or different name, or any person who shall attempt to use a revoked or suspended Certificate of Registration/Professional Identification Card or cancelled special/temporary permit, or any person who shall use in connection with his/her name or otherwise assume, use or advertise any title or description tending to convey the impression that he/she is an architect when he/she is not an architect, or any person whether Filipino or foreigner, who knowingly allows the use, adoption, implementation of plans, or specification made by any person, firm, partnership or company not duly licensed to engage in the practice of architecture, or any person who shall violate any of the provisions of this Act, its implementing rules and regulations, the Code of Ethical Conduct and Standards of Professional Practice, or any policy of the Board and the Commission, shall be guilty of misdemeanor and charged in court by the Commission and shall, upon conviction be sentenced to a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Five Million pesos (P5,000,000,00) or to suffer imprisonment for a period not less than six (6) months or not exceeding six (6) years, or both, at the discretion of the Court. XXX Sec. 37. Limitation to the Registration of a Firm, Company, Partnership, Corporation or Association. The practice of architecture is a professional service, admission to which shall be determined upon the basis of individual personal qualifications. However, a firm, company, partnership, corporation or association may be registered or licensed as such for the practice of architecture under the following conditions: a. Only Filipino citizens properly registered and licensed as architects under this Act may, among themselves, or together with allied technical
_____________________________________________________________________________________________ Statement that Architectural (and Architectural Interior) Design are Exclusive Parts of the Scope of the Practice of Architecture as Defined Under R.A. No. 9266 (The Architecture Act of 2004) and its 2004 Implementing Rules and Regulations dated 28 May 2008 page 4 of 36

Design and Architectural Interiors; and Architectural Design and Site Planning. X X X designs

designs

professionals, form and obtain registration as a firm, company, partnership, association or corporation for the practice of architecture; b. Registered and licensed architects shall compose at least seventy-five percent (75%) of the owners, shareholders, members incorporators, directors, executive officers, as the case may be;

These Implementing Rules and Regulations (IRR) of RA 9266 were published in the Official Gazette on 15 November 2004 (pages 7709 through 7731, Vol. 100 No. 46), and took effect on 01 December 2004. The IRRs are only executive issuances and may still be periodically amended by other executive issuances from the PRC, the BOA or other pertinent agencies or by other IRRs of other laws (particularly those approved after 17 March 2004).

Republic of the Philippines Professional Regulation Commission Manila BOARD OF ARCHITECTURE Board Resolution No. 07 Series of 2004

THE IMPLEMENTING RULES AND REGULATIONS (IRR) OF REPUBLIC ACT NO. 9266, AN ACT PROVIDING FOR A MORE RESPONSIVE AND COMPREHENSIVE REGULATION FOR THE REGISTRATION, LICENSING AND PRACTICE OF ARCHITECTURE, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 545, AS AMENDED, OTHERWISE KNOWN AS AN ACT TO REGULATE THE PRACTICE OF ARCHITECTURE IN THE PHILIPPINES, AND FOR OTHER PURPOSES Pursuant to Section 7 (a), Article II and Section 41, Article V of Republic Act No. 9266, known as The Architecture Act of 2004, the Board of Architecture hereby prescribes, adopts, and promulgates the following Rules and Regulations to carry out the provisions thereof.

RULE I TITLE, POLICY STATEMENT, DEFINITION OF TERMS AND SCOPE OF PRACTICE XXX SECTION 3. Definition of Terms.

As used in this IRR of the Architecture Act of 2004, in R.A. No. 9266 or other laws, the following terms shall be defined as follows:

_____________________________________________________________________________________________ Statement that Architectural (and Architectural Interior) Design are Exclusive Parts of the Scope of the Practice of Architecture as Defined Under R.A. No. 9266 (The Architecture Act of 2004) and its 2004 Implementing Rules and Regulations dated 28 May 2008 page 5 of 36

(1)

Architecture
profession constructing of

is

the

art,

science

or

designing and buildings in their


planning,

totality

taking into account their environment, in accordance with the principles of utility, strength and beauty; (2)

Architect means a person professionally and academically qualified, registered and licensed under R.A. No. 9266 with a Certificate of
Registration and Professional Identification Card issued by the Professional Regulatory Board of Architecture and the Professional Regulation Commission, and who is responsible for advocating the fair and sustainable development,

expression societys habitat in terms space, forms and historical context;


welfare and cultural (a)

of of

Architect-of-record means the architect registered and licensed under R.A. No. 9266, who is directly and professionally responsible for the the

total design
and who

of the project for

client

shall

assume

the
plans, he/she

civil
XXX (3) General

for the specifications and contract documents has signed and sealed;

liability

Practice

of Architecture the act

of planning and architectural designing, structural conceptualization, specifying, supervising and giving general administration and responsible direction to the erection, enlargement or alterations of buildings and building environments and architectural design engineering structures or any part thereof; XXX (4) in

Scope of the Practice of Architecture encompasses the provision of professional services in connection with site, physical and planning and the design, construction, enlargement, conservation, renovation, remodeling, restoration or alteration

building

or

group

of

of a buildings.

Services may include, but are not limited to:


_____________________________________________________________________________________________ Statement that Architectural (and Architectural Interior) Design are Exclusive Parts of the Scope of the Practice of Architecture as Defined Under R.A. No. 9266 (The Architecture Act of 2004) and its 2004 Implementing Rules and Regulations dated 28 May 2008 page 6 of 36

(a)

planning, architectural designing structural conceptualization;

and

(b)

consultation, consultancy, giving oral or written advice and directions, conferences, evaluations, investigations, quality surveys, appraisals and adjustments, architectural and operational planning, site analysis and other pre-design services;

(c)

(d)

schematic design, design development, contract documents and construction phases including professional consultancies; preparation of preliminary, technical, economic and financial feasibility studies of plans, models and project promotional services; construction and project management, giving general management, administration, supervision, coordination and responsible direction or the planning, architectural

XXX (f)

designing,
erection, renovation, remodeling, restoration

construction, reconstruction, enlargement or demolition, repair, orderly removal, alteration, preservation or

of

structures buildings, including


sites and environs, public use; (g) the planning, utilization of

buildings or or complex

all their components, intended for private or

architectural spaces within

lay-outing and and surrounding

such buildings or structures, housing design and community architecture,

architectural interiors and space planning, architectural detailing, architectural lighting, acoustics, architectural
lay-outing of mechanical, electrical, electronic, sanitary, plumbing, communications and other utility systems, equipment and fixtures; XXX

_____________________________________________________________________________________________ Statement that Architectural (and Architectural Interior) Design are Exclusive Parts of the Scope of the Practice of Architecture as Defined Under R.A. No. 9266 (The Architecture Act of 2004) and its 2004 Implementing Rules and Regulations dated 28 May 2008 page 7 of 36

(j)

all other works, projects and activities which require the professional competence of an architect,
including teaching of architectural subjects and architectural computer-aided

design;

XXX (18) Architectural Documents means an architectural drawings, specifications, and other outputs of an Architect that only an Architect can sign and seal consisting, among others, of vicinity maps, site development plans, architectural program,

perspective drawings, architectural floor plans, elevations, sections, ceiling plans, schedules, detailed drawings, technical specifications and cost estimates, and other instruments of
service in any form. (19)Architectural

Interiors means a detailed planning and design of the indoor/enclosed areas of any proposed building/structure, including
retrofit or renovation work and which shall cover all architectural and utility aspects, including the architectural lay-outing of all building engineering systems found therein.

XXX (21) means (a) two (2)dimensional representations reflecting a proposed development/redevelopment of an enclosed/ semienclosed or open area showing features or elements such as columns, walls, partitions, ceiling, stairs, doors, windows, floors, roof, room designations, door and window call-outs, the architectural layout of equipment, furnishings, furniture and the like, specifications callouts, elevation references, drawing references and the like; the architectural plan is the representation of a lateral section for a proposed building/ structure (running parallel to the ground) and at a height of from 1.0 1.5 meters above the finished floor; the term may also collectively refer to

Architectural Plans

other architectural

designs

such as cross/ longitudinal sections, elevations, roof plan, reflected ceiling plan; detailed sections and elevations showing
_____________________________________________________________________________________________ Statement that Architectural (and Architectural Interior) Design are Exclusive Parts of the Scope of the Practice of Architecture as Defined Under R.A. No. 9266 (The Architecture Act of 2004) and its 2004 Implementing Rules and Regulations dated 28 May 2008 page 8 of 36

architectural

interiors,

detailed

architectural

designs,

door and window schedules, other architectural finishing schedules and the like.

(22) Building means a structure for the purpose and function of

habitation

and other uses.

XXX (31) Ownership shall refer to proprietary rights to an architectural work such as plans, designs and other documents by a person/ juridical entity who commissions the Architect and whose ownership of an architectural work by such a person/ juridical entity shall only be confined to the use of the architectural documents for executing /implementing the work described therein for one (1) or the original project; ownership shall not apply to the use of a part of or of the entire architectural work/architectural documents to repetitions or to subsequent projects. XXX (43) Urban Design physical and systemic design undertaken by an Architect on a community and urban plane, more comprehensive than, and an extension of the architecture of buildings, spaces between buildings, entourage, utilities and movement systems. XXX RULE III EXAMINATION, REGISTRATION AND LICENSURE SECTION 12. Examination Required

All applicants for registration for the practice of architecture shall be required to undergo a licensure examination to be given by the Board in such
places and dates as the Commission may designate in accordance with the provisions of Republic Act No. 8981. XXX SECTION 14. XXX Part II: Theory of Architecture A. Rationale and Description

Subjects for Examination

_____________________________________________________________________________________________ Statement that Architectural (and Architectural Interior) Design are Exclusive Parts of the Scope of the Practice of Architecture as Defined Under R.A. No. 9266 (The Architecture Act of 2004) and its 2004 Implementing Rules and Regulations dated 28 May 2008 page 9 of 36

1.

Understanding of the theories and principles of

design
2.

and architectural

design

process;

Analysis of anthropometric, proxemic, and kinesthetic requirements of space in relation to architectural

design;

XXX Part III: Architectural Practice A. Rationale and Description

XXX 3. Understanding of the various aspects of the professional practice of architecture, including tools and techniques related to production, construction, resource allocation, and project management, as well as the efficient conduct of client and business relations for building construction projects. XXX (2) Structural Design, Building Materials, Architectural Specifications, and Methods Construction and Utilities; Part I: Structural A. XXX 2. and of

design

and

Design

Rationale and Description

General design,

principles, and analysis of the structural elements of various types of construction materials and systems. Materials and Methods of

Part II: Building Construction A. XXX 2.

Rationale and Description Application of the principles of design and construction methods of various types of materials used in construction. Rationale and Description general design and installation, construction of utilities required building or structure and its premises; and/or for a

Part III: Utilities A. 1. Understanding of the basic practices, principles,

_____________________________________________________________________________________________ Statement that Architectural (and Architectural Interior) Design are Exclusive Parts of the Scope of the Practice of Architecture as Defined Under R.A. No. 9266 (The Architecture Act of 2004) and its 2004 Implementing Rules and Regulations dated 28 May 2008 page 10 of 36

XXX (3) Urban Part I: A. 1.

Design and Urban Design

Architectural Interiors

Rationale and Description Analysis of the concepts and techniques in the general planning process of the physical and systematic design on a community and urban plane on a more comprehensive manner.

2.

Understanding of the art and science of urban

design
of urban Part II: A. 1. XXX (4) Architectural A.

with emphasis on ecological, sociopsychological, aesthetic and functional basis

design. Architectural Interiors

Rationale and Description Understanding of the theories and principles of

Architectural Interiors. Design


of and Site Planning

Rationale and Objectives 1. Application logical approach to urban

architectural design and site


architectural and

interiors,

planning solutions to planning problems with

emphasis on design methodology, quantitative and qualitative aspects of space, circulation, and interrelationships of space, structural and form envelopes, and building utilities and facilities. 2. Application of skills and ability to visualize architectural design problems and present solutions in appropriate graphical language. XXX SECTION 20. XXX Seal, Issuance and Use of Seal

(5) All architectural plans, designs, specifications, drawings and architectural documents relative to the construction of a building shall bear the seal and signature only of an architect registered and licensed under R.A. No. 9266 together with his/her professional identification card number and the date of its expiration. XXX
_____________________________________________________________________________________________ Statement that Architectural (and Architectural Interior) Design are Exclusive Parts of the Scope of the Practice of Architecture as Defined Under R.A. No. 9266 (The Architecture Act of 2004) and its 2004 Implementing Rules and Regulations dated 28 May 2008 page 11 of 36

SECTION 23.

Suspension and Revocation of Certificates of Registration, Professional Identification Card or the Special/Temporary Permit

XXX (a) has signed and affixed or permitted to be signed or affixed his name or seal on architectural plans and

designs,

specifications, drawings, technical reports, valuation, estimates, or other similar documents or work not prepared by him/her or not executed under his/her immediate supervision; or

XXX

(d) has aided or abetted in the practice of architecture any person not duly authorized to practice architecture in the Philippines; or
XXX SECTION 25. Registration of Architects Required

No person shall practice architecture


in this country, or engage in preparing architectural plans, specifications or preliminary data for the erection or alteration of any building located within the boundaries of this country, or use the title Architect, or display the word Architect together with another word, or display or use any title, sign, card, advertisement, or other device to indicate such person practices or offers to practice

unless such person shall have received from the Board a Certificate of Registration and be issued a Professional Identification Card
architecture, or is an architect, in the manner hereinafter provided and comply with the provisions of R.A. No. 9266. A foreign architect or shall thereafter

authorized to the Philippines,

any person not practice architecture in

who shall stay in the country and perform any of the activities mentioned in Sections 3 and 4 of R.A. No. 9266, or any other activity analogous thereto, in connection with the construction of any building/structure/edifice or land development project,

shall

be

deemed

engaged

in

the

_____________________________________________________________________________________________ Statement that Architectural (and Architectural Interior) Design are Exclusive Parts of the Scope of the Practice of Architecture as Defined Under R.A. No. 9266 (The Architecture Act of 2004) and its 2004 Implementing Rules and Regulations dated 28 May 2008 page 12 of 36

unauthorized practice of architecture and shall, therefore, be criminally liable under R.A. No. 9266 and this IRR of the Architecture Act of
2004. XXX SECTION 29. Prohibition in the Practice of Architecture and Penal Clause

Any person who shall practice or offer to practice architecture in the Philippines without being registered/licensed and who are not holders of
temporary or special permits in accordance with the provisions of R.A. No. 9266, or any person presenting or attempting to use as his/her own the Certificate of Registration/Professional Identification Card or seal of another or temporary or special permit, or any person who shall give any false or forged evidence of any kind to the Board or to any member thereof in obtaining a Certificate of Registration/Professional Identification Card or temporary or special permit, or any person who shall falsely impersonate any registrant of like or different name, or any person who shall attempt to use a revoked or suspended Certificate of Registration/Professional Identification Card or cancelled special/temporary permit, or any person who shall use in connection with his/her name or otherwise assume, use or advertise any title or description tending to convey the impression that he/she is an architect when he/she is not an architect, or any person whether Filipino or foreigner, who knowingly allows the use, adoption, implementation of plans,

designs

or specifications made by any person, firm, partnership or company not duly licensed to engage in the practice of architecture, or any person who shall violate any of the provisions of R.A. No. 9266, its implementing rules and regulations, the Code of Ethical Conduct and Standards of Professional Practice, or any policy of the Board and the

shall be guilty of misdemeanor and charged in court by the Commission and


Commission, shall, upon conviction be sentenced to a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Five million pesos (P5,000,000.00) or to suffer imprisonment for a period not less than six (6) months or not exceeding six (6) years or both, at the discretion of the Court. XXX

_____________________________________________________________________________________________ Statement that Architectural (and Architectural Interior) Design are Exclusive Parts of the Scope of the Practice of Architecture as Defined Under R.A. No. 9266 (The Architecture Act of 2004) and its 2004 Implementing Rules and Regulations dated 28 May 2008 page 13 of 36

SECTION 31.

Liability of Representatives of Non-Registered Persons

It shall be unlawful for any person or firm or corporation to seek to avoid the provisions of R.A. No. 9266 by having a representative or employee seek architectural work in their behalf, unless and until, such persons have duly qualified and duly registered/licensed, otherwise, both those represented and the representative, the employer and the employee shall be deemed guilty of violation of R.A. No. 9266.

Solicitation of architectural work unlawful for any unlicensed persons to


XXX SECTION 34. Non-Registered Person Equivalent Service shall do so.

shall be construed as offering to practice architecture and shall be

non-registered

and

not

Claim

Persons not registered as an architect shall not claim nor represent either services or work as equivalent to those of a duly qualified registered architect, or that they are qualified for any branch or function of architectural practice, even though no form of the title Architect is used.
XXX SECTION 36. Collection of Professional Fees

It shall be unlawful for any unregistered person to collect a fee for architectural services except as an employee
collecting a fee as representative of a Registered Architect. SECTION 37. Limitation to the Registration of a Company, Partnership, Corporation Association Firm, or

The practice of architecture is a professional service, admission to which shall be determined upon the basis of individual personal qualifications. However, a firm, company, partnership, corporation or association may be registered or licensed as such for the practice of architecture under the following conditions:
_____________________________________________________________________________________________ Statement that Architectural (and Architectural Interior) Design are Exclusive Parts of the Scope of the Practice of Architecture as Defined Under R.A. No. 9266 (The Architecture Act of 2004) and its 2004 Implementing Rules and Regulations dated 28 May 2008 page 14 of 36

a)

Only Filipino citizens properly registered and licensed as architects under R.A. No. 9266 may, among themselves, or together with allied technical professionals, form and obtain registration as a firm, company, partnership, association or corporation for the practice of architecture;

b) Registered

and licensed architects shall compose at least seventy-five percent (75%) of the owners, shareholders, members, incorporators, directors, executive officers, as the case may be; XXX

_____________________________________________________________________________________________ Statement that Architectural (and Architectural Interior) Design are Exclusive Parts of the Scope of the Practice of Architecture as Defined Under R.A. No. 9266 (The Architecture Act of 2004) and its 2004 Implementing Rules and Regulations dated 28 May 2008 page 15 of 36

Attachment 2.
1.0 APPROACH, METHODOLOGY AND BASES OF ARCHITECTURAL PLAN AND DESIGN
FOR PROJECTS GOVERNED BY/ PREPARED UNDER PHILIPPINE LAWS, RULES/ REGULATIONS AND STANDARDS 1.1 OPERATIONAL APPROACH
For the successful and satisfactory execution of the required Architectural Plan and Design services for a Project, the following basic architectural service concepts and procedures must be considered and applied:

1.1.1 Staff and Assignment of Specific Duties and Responsibilities


There is need to form an Architectural Design Team (ADT) that is qualified and suitably experienced in handling the undertaking. The nominated staff must all be equipped with the necessary technical capability to ensure the successful execution of the architectural services required by the Project. The ADT members and their individual assignments/ duties and responsibilities are as follows:

A) Project Architect (PA)

The PA generally supervises the activities of the ADT so that work plans and schedules are adhered to. He performs the following acts: primarily responsible for the architectural component of the contracted architectural services; - generally assists the Project Manager (PM) in the performance of the management tasks related to the contracted Services; - coordinates the progress of the architectural component of the contracted services and act/ decide on important technical matters; - prepares and submits materials for the required reports and other documents necessary to complete the architectural component of the contracted services; - oversees the overall architectural research effort, data gathering, assessment, evaluation, studies, and the development of the required architectural plans/ designs, specifications, etc.; - checks architectural programming, space planning and preparatory architectural work; - undertakes criteria evaluation on which the architectural plans/ designs are based; - attends technical staff meetings and coordination meetings, on a need basis; - renders final architectural design review functions; and - performs all other functions necessary to attain a complete and viable architectural plan/ design for the Project.

_____________________________________________________________________________________________ Statement that Architectural (and Architectural Interior) Design are Exclusive Parts of the Scope of the Practice of Architecture as Defined Under R.A. No. 9266 (The Architecture Act of 2004) and its 2004 Implementing Rules and Regulations dated 28 May 2008 page 16 of 36

The PA is in continuing liaison with the heads of the other disciplines and shall also serve as the Architect-of-record (Aor) i.e. the professional responsible for the architectural component of the contracted services.
B) Assistant Architects (AAs) and Architectural Staff are:
responsible for the preparation and development of all conceptual, preliminary and detailed architectural plans and designs;

shall conduct field inspections at the Project site; assesses and evaluates the pertinent technical data pertaining to architectural plan/ design requirements; coordinates with all engineering and other consultants for the proper execution of the services contracted; acts as sub-supervisory entities for all architectural drafting and production activities; assists in the review of all architectural plan/ design outputs and maintains production quality control; prepares all the necessary inputs to architectural contract documents and tender documents; performs all other support activities related to the overall design effort; attends technical staff meetings and coordination meetings, as needed; and performs all other functions necessary to attain a complete and viable architectural plan/ design for the Project facilities.

1.1.2 Submission of Architectural Contract Documents


During the course of the engagement, the ADT may submit to Client the following architectural deliverables as part of various reports agreed upon:

A) Preliminary Architectural Plans/ Designs (A3 format) ADT to submit the preliminary architectural plans/ designs for which Client comments must be received and addressed. B) Final Architectural Plans/ Designs (A0 standard print format) ADT shall submit the required/ agreed number of copies of the final architectural plans, designs, drawings, details, etc., and the technical specifications (the architectural documents). C) Architectural Tender/ Contract Documents (A4 and A0 standard print format) ADT shall submit the required/ agreed number of copies of the Tender Documents to be issued to bidders i.e. which shall not carry signatures and seals but shall carry stamps marked for bidding only; these Tender Documents may include the following: 1. the architectural documents; 2. Invitation to Tender; 3. Instructions to Bidders; 4. Bid Forms/ Proposals; 5. Form of Contract and of Performance Guarantee; 6. General Conditions; and 7. Special Conditions of Contract, if any (conditions modifying or supplementing the General Conditions).
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D) Architectural/ Building Permit Application Documents (A4 and A0 standard print format) The ADT must submit the required/ agreed number of copies of the architectural documents affixed with the signature and dry seal of the Aor on all sheets; the final Contract Documents for transmittal to the Office of the Building Official (OBO) concerned shall be submitted to Client in the required number of copies that may carry stamps marked for building permit only. 1.1.3 Civil Liability of the Architect-of-record (Aor)
For local practice, the provisions enumerated under Article 1723 of the Philippine Civil Code is understood to fully apply to the Aor i.e. mandatory civil liability of 15 years, etc. In accordance with international consulting practices however, the stateregulated planning/ design professionals (natural persons such as planners, architects/ Aor, engineers, consultants and the like), contracted/ commissioned by Client for the Project (as Consultants, Project Professionals or as Professionals-of-Record), may not necessarily assume the civil liability for the signed and dry-sealed plans/ designs submitted as part of the building permit application documents for the Project facilities nor of construction-related or management-related services rendered for the Project, if and only if the civil liability shall be assumed exclusively by a separate juridical entity by virtue of a secured international professional liability insurance (PLI) or similar instruments/ arrangements to be issued to/ agreed upon with the Client to sufficiently address the civil liability aspects/ concerns relative to the Project planning and design. As such, the provisions enumerated under Article 1723 of the Philippine Civil Code may not anymore to apply to the Aor. In the unlikely event of civil action, the juridical entity that secured the PLI must fully indemnify the Aor and make active representations to exclude the Aor from suit.

1.1.4 Professional Responsibility of the Project Architect (PA)/ Aor/ Assistant Architects (AAs)
The separate assumption of the professional responsibilities of the PA/ Aor/ AAs before the state (represented by the concerned Professional Regulatory Boards/ PRBs under the Professional Regulation Commission/ PRC, under the Department of Labor and Employment/ DoLE), shall not be unduly affected by the separate arrangement/s with the Client (made by the natural or juridical entity that contracted the architectural services) to address civil liability thru a PLI. In the unlikely event of the filing of an administrative complaint by the Client before the PRC against the PA/ Aor/ AAs contracted for the Project, the natural or juridical entity that contracted the architectural services shall endeavor to fully and actively assist in the defense of such professionals, unless the acts of such professionals are first determined to have been committed to deliberately compromise or undermine the standing of the said natural or juridical entity that contracted the architectural services.

1.2 METHODOLOGY 1.2.1 Bases of Architectural Plans/ Designs


In the performance of the architectural component of the contracted services, Consultant shall maintain a policy of continuing interactive Client consultation (Figure 1.). As such, Client's existing/ projected operational requirements shall
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be given priority consideration but only within the framework of reasonable circumstances i.e. meaning that Client concerns can be effectively/ reasonably accommodated and addressed by the Consultant only up to the preliminary architectural plan/ design stage of the service. A strong feedback mechanism must be maintained for Client to have its comments/ suggestions/ recommendations integrated into the evolved architectural plans/ designs. It is hoped that the Client may always be able to respond to the submitted architectural documents the soonest. The other bases for architectural plans/ designs to be evolved are: basic physical planning & space criteria/ parameters and applicable laws (governing planning, design, management, construction, land and building use, etc.); identified operational requirements architectural plans and design; and that shall affect the Projects

site development planning and architectural plan & design limitations imposed by the site/ Project setting.

1.2.2 Pre-Design
The Pre-Design services are combinations of field and office activities wherein research into Client and/or end-user requirements and site conditions (where identifiable) are to be undertaken by the ADT, to wit: A) General Data Collection and Analyses Available information that can help determine the present and near future natural/ man-made conditions at the facility sites have been gathered and analyzed. The cooperation of various entities have been solicited to make the data acquisition as comprehensive as possible for ADT use. B) Site Inspection/ Analyses Ocular/ site inspections shall be conducted to give the ADT a good idea of the topography and other physical features of the facility host sites. The site inspection (coupled with topographic data review) must help in assessing and identifying existing structures and natural features on, around and possibly underneath (if possible) the Project facility sites, the effects of existing structures (where found), soil condition, potential problems related to solid/ liquid waste disposal, drainage, flooding, and the existence of utility support which are needed by the Project facilities. C) Design Outline/ Brief Preparatory to the architectural plan/ design activities, the ADT must undertake general coordination and/ or consultation/s with the Client on matters affecting the contracted services. At Project inception stage (which included ocular inspections of existing facilities if any, particularly for renovation, retrofit, rehabilitation and facility expansion projects), the ADT must coordinate with Client to discuss Project requirements, at which time the following information are to be generally exchanged:

i) existing and projected spatial requirements; ii) process and work flow; iii) project guidelines and design criteria; iv) implementation criteria; v) Client design and construction standards (if any); vi) budget and budgetary constraints; vii) scope of the Project and of the intended construction work; viii)preferred designs/ finishes, etc., and ix) Project packaging or phasing.
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Out of these initial activities, the resultant design outline/ brief may serve as a general reference for the Project's subsequent architectural plan/ design outputs. D) Architectural Programming/ Space Planning With the initial information in its design outline/ brief, the ADT then proceeds with architectural programming and space planning activities for the Project facilities, together with initial inputs from the other disciplines. The architectural program describes the quantity i.e. area allocations and quality i.e. ambience, of the intended spatial end products and serves as the guide for the space plans that show the tentative locations of main and support activity areas for each of the Project facilities, including spaces for utilities e.g. electrical/ mechanical rooms, generator set/ transformer/ pump rooms, etc. (where required). Should utility requirements be a critical factor in the selection of an architectural layout/ scheme, other architectural options may still be explored by the Consultant.
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1.2.3 Architectural Planning Criteria for Schematic Architectural Plan Preparation


As part of the schematic architectural plan preparation, the following activities are to be undertaken by the ADT:

1. Problem Identification The Project requirements must be clearly identified and delivered at an affordable cost, with the building plans/ designs to be developed taking into account the various alternatives that could facilitate implementation and use. The building/ structure shall preferably be both functional and aesthetically pleasing and should attempt to convey juxtaposed images of stability, dependability, approachability and concern for its end-users and the host community. In light of possible Project growth/ expansion potentials, provisions for the future accommodation of additional service areas and CIient staff shall also become major architectural planning and design criteria that may have to be satisfied. 2. Architectural Plan/ Design Objectives The following are the key objectives being addressed by the ADT: i) General Objectives - cost-effective architectural planning/ design/ implementation/ startup/ operation/ maintenance; - good return-on-investment for CIient; - enhancement of CIient's image through the creation of an appealing architectural plan/ design solution; - improvement of the quality of functions, services, circulation and security through sensitive/ sensible/ practical and efficient architectural plans/ designs; - enhancement of public areas such as the lobbies, waiting areas, etc. to foster better relations with entities being served; and - improvement of CIient personnel efficiency through the betterment of work conditions and environment. These objectives served as Consultants guide in formulating the proper architectural plans/ design truly attuned to the peculiar needs of CIient. ii) Specific Objectives - optimization of space provisions for internal building circulation/ traffic; - optimization of space provisions for basic office/ operations-related tasks; - optimization of space provisions for amenities/ facilities/ services/ utilities (AFSU); - balance among end-users, planned spaces and identified activities that shall take place inside the structures/ buildings; - balance between the buildings and their natural environments; - balance between building function and form; - balance between building interior and exterior; - balance between building strength and economy;
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balance between present and future end-user needs; balance between the user-friendliness of the buildings and their grounds and perimeter areas with overall operations/ upkeep/ maintenance; and balance between energy efficiency and a good working environment.

3. Architectural Planning Criterion (Building Function) This criterion has to be addressed above all others inasmuch as it pertains to how the resulting structures/ buildings shall be utilized to realize key CIient goals and objectives. Inasmuch as the Project facilities may be a judicious mix of commercial/ industrial, transportation/ utility and institutional structures or portions thereof, the key considerations are: a) the types and numbers of end-users, b) the types of activities that shall take place within the building e.g. official business, personal transactions, instructional, social, recreational, religious, etc., and c) the quantity/ quality of spaces to be generated. As all of these three (3) factors are closely interrelated, an exhaustive identification and analysis of the end-users together with the hierarchy of their needs and activities, as well as of the optimum spaces required to satisfy these end-user needs/ activities were undertaken by the ADT to establish and possibly rank or prioritize all the necessary amenities/ facilities/ services/ utilities (AFSU). 1.2.4 Architectural Design Criteria for Preliminary Architectural Plans/ Design Preparation
After completing the schematic architectural plan, the ADT then proceeds to prepare the preliminary architectural plans/ designs i.e. the architectural design development documents. At this stage, the new or refined floor plans, roof and ceiling plans, sections, elevations and materials are already defined, doors and windows sized, exterior color schemes established, etc.; the information contained in the preliminary architectural plans/ designs allows the Client to suggest modifications to better suit its requirements. The preliminary cost estimates and outline architectural specifications may also be subsequently prepared for CIient review/ comments. Once the preliminary architectural plans/ designs are officially approved by CIient, the Consultant proceeds to preparation of the detailed architectural plans/ designs and drawings i.e. part of the Contract Documents. The following are the key considerations being addressed by the ADT:

1. Architectural Design Criterion (Form or Integration of Architectural Design Elements) This criterion pertains to the need to relate existing site conditions with the planned physical/ social/ psychological environments (in and out of the proposed structures/ buildings), with the existing natural and built environments, as well as with the envisioned quality of generated spaces. Various design elements have to be carefully utilized to realize the best architectural solution and of these, form is the most important.

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Although form is the logical consequence of having initially established the building function, it shall be qualitatively expressed in terms of lines, scale, proportion, the use of light and. shade, textures, finishes and color. If properly integrated, all of these would contribute in projecting a very stable and efficient image for CIient, which will ultimately redound to each of the CIient staffer's pride in his/ her work and in his/ her workplace and to continued enjoyment by the end-users of the facilities created. i) Adherence to Basic Architectural Design Principles A judicious mix of the basic architectural design principles of unity of design and of the use of repetition, rhythm, balance and emphasis should be regularized in support of the highly public nature of the proposed structures/ buildings. ii) Budget and Economy in Architectural Design The availability of funds for architectural planning/ design/ implementation/ startup/ operation/ maintenance will influence all architectural planning/ design options that shall be made available to CIient by the Consultant. The satisfaction of the sub-criterion of design economy starts with correct architectural programming and space planning and this is the reason why these particular components of the PreDesign service should be carried out well. Design should only result from careful architectural interior space planning and site development planning but such good designs can only become possible with the utmost cooperation of the CIient. iii) Time Consideration From the architectural planning/ design viewpoint, this criterion has to do mainly with the anticipation of future building use changes, supplementary operational requirements and expansion potentials all of which would have to be satisfied to forestall future growth difficulties. From the Project implementation standpoint, this criterion would mean considerations such as those that will affect construction phasing and the project timetable (from pre-construction to occupancy). iv) Safety, Accessibility and Environmental Considerations These architectural planning/ design criteria reflect Consultants major concern for the well-being of all identified end-users of the proposed building. The resulting structure should be safe for everyone to use i.e. including children, the elderly and the disabled, etc. The satisfaction of the minimum architectural planning and design standards by compliance with all applicable/ valid and existing laws are strictly observed by the Consultant. Each of the proposed buildings/ structures should preferably be a "self-contained systems" that shall be architecturally-planned/ designed to promote health and sanitation, worker efficiency and minimal disturbance to the natural environment.
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v) Application of Internationally-Recognized Architectural Planning and Design Standards and of Anthropometrics Inasmuch as the proposed buildings/ structures shall be accorded a high profile and international character by virtue of its function, a judicious mix of Filipino, Asian and some Western architectural planning/ design standards shall be applied. Anthropometrics shall play a key role in making the work environment easy and safe to use. The resulting anthropometricsbased architectural plans/ designs shall ultimately redound to the attainment of savings and efficiency of operations. 2. Architectural Design Concepts i) General Concepts The Project facilities are basically public buildings that shall cater to CIient, its staff and end-users. Given the various facility sites, the projected number of future end-users and the certain possibility of future operational expansion, it may be worth considering to provide for optimized vertical expansion flexibility, if and when such a need arises. ii) Specific Concern on What the Buildings/ Structures Should Have There are many specific concepts that will be generated by Consultant for later discussion with/ approval by CIient, and among these are: - correct solar and wind orientations for maximum indoor climate control and energy efficiency; - maximize operational efficiency indoors and outdoors through the correct use of materials, lighting, finishes and textures, etc.; - employ tropical design and passive cooling/ lighting technology as applicable for both the buildings and grounds; - the projected building exterior/ interior images should convey strength, stability, efficiency, honesty, nationalism, dedication to public service, approachability at all times, accessibility and if at all possible, even a sense of appreciation for art/ history and culture; - exterior/ interior areas must use a good mix of light colors for body, and dark colors for accent (only) to achieve a good measure of climate and psychological control; - forms should follow clean modern lines so that the structure's/ buildings appearance would address concerns of ease of operation, maintenance, exposure to the elements, and also not age easily in terms of aesthetic appeal; - the buildings/ structures should be human in scale and proportion, with the direct application and judicious mix of Filipino, Asian and some Western space planning/ architectural design standards; - provision of a visitor-friendly and worker-friendly environment i.e. the building and its grounds should be safe and easy to use at all times;
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provision of optimum room for future operational expansion and growth; maximization of the use of all horizontally-generated spaces through the use of all available vertical room; maximization of the use of all horizontally-generated spaces by allowing for the flexibility and multiplicity of space uses; generated space plans should reflect considerations from work routing as well as time and motion studies; generated space plans must reflect considerations for territoriality i.e. the human bubble which can be opened or closed depending on the type of activity and the situations called for; generated space plans may either show considerations for the way Filipinos tend to behave inside the workplace or instituted measures to curb what may be considered as unproductive/ undesirable behavior, depending on CIient instructions; maximization of use of locally available (but of good quality) and/ or imported but locally-sourced materials to generate cost savings, to facilitate project implementation, and for ease of upkeep/ maintenance; maximization of building/ structure and equipment lifecycles through the proper selection/ mix of the necessary components; maximization of the use of trees, plants and other soft landscaping elements to cleanse/ purify the atmosphere at the micro-environment level and to achieve exterior and interior micro-climate control; and optimum to maximum attention given to health and sanitation matters.

3. Additional Data that can be Secured - information on actual and projected end-user population (up to the year 2020, if possible); and - information on planned equipment or systems acquisition within the next five (5) years. 1.2.5 Architectural Planning and Design Standards, Regulations, Rules and Laws
For local Projects, the following are the architectural plan and design laws, rules/ regulations, guidelines and standards to be used by the ADT:

1. Main Architectural Authorities and References - Presidential Decree (P.D.) No. 1096 (The 1977 National Building Code of the Philippines/ NBCP) and its 2004 Revised Implementing Rules and Regulations (R-IRRs), particularly Rule VII (Building Occupancies) and Rule VIII (Light and Ventilation); - the referral codes of the NBCP that are in present use e.g. Batas Pambansa (B.P.) No. 344 (The Accessibility Law), P.D. No. 1185 (The Fire Code), Structural Code, Electrical Code, Sanitation Code, etc.; - applicable local government ordinances in the host LGUs;
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The United Architects of the Philippines (UAP) Architects National Code (ANC), otherwise known as the IRR of R.A. No. 1582 i.e. the UAP Documents, etc.; Philippine National Standards (PNS); United Nations Organizations (UNO) Office Space Planning Guidelines, January 2008 ASTM Standards; United Laboratories (UL) Standards; VNR Metric Handbook; Architectural Design Data; Building Types; and Anthropometric Handbooks.

2. United Nations Organizations (UNO) Office Space Planning Guidelines (for enclosed Office Projects only) A. Code B. Gross C. Provisions Floor Area (GFA)
35.71 enclosed SqM, 1 senior executive desk; 1 executive chair (high back); 2 visitor chairs; 2 work tables; 2 long back cabinets; 1 3-seater sofa; 1 center table; 2 side tables; 1 single-seater lounge chair; and 1 occasional chair; 1 mid-level executive desk; 1 executive chair (high back); 2 visitor chairs; 1 long back cabinet; 1 file cabinet; 1 side return; 1 conference table; 3 conference chairs; and 2 short back cabinets; 1 junior executive desk; 1 executive chair (mid-back); 1 visitor chair; 1 table; 1 long back cabinet; and 1 work chair; 1 clerical desk; 1 clerical chair (low back); 1 work table; and 1 side return;

1. Head of Office (Workstyle A for USG/ ASG)

2. Other Executive (Workstyle B for Directors, etc.)

17.86 enclosed

SqM,

3. Key Staff (Workstyle C for Professionals) 4. Support Staff (Workstyle D for General Services)

8.93 SqM, open

5.95 SqM, open

Source: UNO Office Space Planning Guidelines, January 2008

1.2.6 Final Architectural Plans/ Designs and Contract/ Tender Documents


(and Other Post-Design Activities) A) submission of the final architectural plans/ designs
(part of the Contract Documents)

The final architectural plans/ designs shall consist of refinements and amendments to the preliminary architectural plans/ designs that shall be officially reviewed and approved by CIient, before these can form part of the tender documents for issuance to general contractor-bidders.
B) preparation of the architectural technical specifications
(part of the Contract Documents)

The architectural technical specifications, once approved by the Client, shall also form part of the tender documents for issuance to general contractor-bidders. Should the Client have its own standard for architectural technical specifications, the ADT may adopt the same and prepare Special Provisions to the architectural technical
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specifications for the pertinent items of work, methods of construction, measurements, payment, etc. under the Contract.
C) preparation of the detailed architectural cost estimate

In the preparation of the detailed architectural cost estimate, the ADT will consider the following: - market prices of construction materials and equipment in the Project areas; - availability of construction materials; - availability of foreign-made materials and equipment in the local market considering freight, hauling and handling costs; - wages of skilled and unskilled labor, projected effect of currency fluctuation and inflation on prices, administrative costs, overhead and profit. With the completion of the detailed architectural cost estimate, the ADT's major architectural plan/ design involvement in the Project shall be accomplished. What remains are assistance and consultation work during the Construction Phase of the Service i.e. pre-construction sub-phase, construction phase and postconstruction sub-phase.
D) preparation of the architectural tender documents

The architectural tender documents are the documents to be issued to the prospective general contractor-bidders. The ADT will prepare the Instructions to Bidders, Bid Forms, General Conditions of Contract, Special Provisions, Bid Bulletins and the other pertinent documents/ information required in accordance with CIient-issued Terms of Reference (TOR) and bidding procedures. 1.2.7 Pre-Construction Activities
The tasks to be performed by the ADT during the pre-construction subphase shall include the following:

A) assistance to CIient in identifying bid packages; B) Together with the CIient-appointed Project Manager (PM) and/ or the commissioned Construction Manager (CM), prepare and recommend General Contractors for inclusion in both the long-list and shortlist for the different bid packages; C) Assist in the conduct of Pre-bid Conferences as may be necessary; issue bid bulletins and clarifications through the PM and CM only as absolutely necessary; D) to generally assist CIient in the review of the tenders and in awarding, only as absolutely needed; and E) issue the signed and dry-sealed architectural Contract Documents and the accomplished Building Permit Application Forms to CIient once the Construction Contract has been signed. 1.2.8 Construction Activities
The tasks to be performed by the ADT during the actual Construction Phase of the Project shall include the following:

general assistance to PM and CM in managing the construction of the Project;

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review and prompt issuance of the covering recommendation for denial (or approval) of requests for Change/ Variation Orders (CVOs) and Emergency/ Extra Work Orders (EWOs); attendance in periodic construction inspections and management meetings only for the duration of the contract period agreed upon for the construction of the Project i.e. between CIient and the winning General Contractor; the CIient may need to note that the ADTs additional services relative to extensions in the construction period or to the introduction of additional construction works in the form of CVOs/ EWOs shall be separately billed by the ADT and compensated by CIient; submission to CIient of the Monthly Inspection Reports; submission to CIient of the Punchlist and Final Inspection Reports; and issuance to CIient of general or periodic advisories on the performance of both the General Contractor and the Construction Manager (CM); and performance of all other services defined under the Construction Phase of the Service under the United Architects of the Philippines (UAP) Documents i.e. the Architects National Code (ANC), which form part of the implementing rules and regulations (IRR) of R.A. No. 1581, otherwise known as the Amended Architects Law of 1956, amending the Organic Architecture Law of 1950; the UAP Documents are still in effect to this day as part of the IRR of R.A. No. 9266 (The Architecture Act of 2004).

1.2.9 Post-Construction Activities


The tasks to be performed by the ADT during the Post-Construction Subphase of the Project shall include the following:
-

Signing of the Certificate of Occupancy; and Signing of the Final Certificate of Payment to the General Contractor.

Nothing follows.

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Attachment 3. Republic Act No. 8534


An Act Regulating the Practice of Interior Design in the Philippines
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Article I TITLE Section 1. Title.- This Act shall be known as the Philippine Interior Design Act of 1998. Article II DEFINITION OF TERMS Section 2. Definition of Terms.- (a) Practice of Interior Design - The practice of interior design is the act of planning, designing, specifying, supervising and giving general administration and responsible direction to the functional, orderly and aesthetic arrangement and development of interiors of buildings and residences that shall contribute to the enhancement and safeguard of life, health and property and the promotion and enrichment of the quality of life. It shall embrace the following activities relative thereto: xxx (2) Schematic designs and development, professional contract documents and construction phases; XXX (5) Interior construction and project management: administration, supervision, coordination and direction to the planning, designing, construction, renovation, demolition, alteration, preservation or restoration of building interiors; (6) The practice of interior design shall also include all other works, projects and activities which require the professional competence of the interior designer, including teaching of interior design subjects and computer- aided design. (b) Interior Designer - An interior designer is a natural person who has been issued a certificate of registration and a valid professional license by the Board of Interior Design. XXX Article IV EXAMINATION AND REGISTRATION XXX Section 15. Scope of Examination. - The examination for interior design shall basically cover the following subjects: (1) Interior Design; (2) Furniture Design and Construction; (3) Materials of Decoration; (4) History of Arts and Interior Design; (5) Building Construction; (6) Professional Practice and Ethics. XXX Section 21. Seal and Use of Seal.- A duly registered interior designer shall affix the seal approved by the Board of Interior Design on all plans and specifications prepared by, or under his direct supervision. Annotation: To be a duly registered interior designer, the granting of the registration certificate by the Professional Regulation Commission (PRC) must be covered by an official Resolution of the Professional Regulatory Board of Interior Design (PRBoID), duly approved by the PRC and carrying the name of the Interior Designer to be registered (with or without examination). Thereafter, the same interior designer must go to the PRC Registration Division and sign the Registry Book for Registered Interior Designers (RID), in which a number is assigned the interior designer. After signing the Registry Book, the RA may then secure the PRC ID bearing the number in the Registry Book. Once the PRC card is issued, then and only then can the Interior Designer be a truly registered and licensed interior designer (RLID), who can legally practice under R.A. No. 8534. XXX

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Article V PRACTICE OF INTERIOR DESIGN XXX Section 26. Registration Without Examination.- Any of the following persons may register as interior designer without examination: (a) All interior designers registered under the Specialty Board of Interior Design; (b) All interior designers who have taken at least sixty (60) units of interior design for the last ten (10) years prior to effectivity of this law and who can show proof of practice; (c) All registered and duly licensed architects who had been practicing interior design for ten (10) years prior to the effectivity of this law and who can show proof of practice. Nothing in this Act shall be construed to effect or prevent the practice of any other legally recognized profession or to disqualify those who have been considered registered, qualified and actually performing acts constituting the legitimate practice of interior design before the effectivity of this Act, from engaging in the practice of interior design: Provided, That those who are situated before the effectivity of this Act, shall apply for registration with and be registered by the Board, without need of passing the examination required under this Act. Section 27. Practice Not Allowed for Firms and Corporations. - The practice of interior design is a professional service, admission to which shall be determined upon the basis of an individuals personal qualifications. Hence, no firm, company, partnership, association or corporation may be registered or licensed as such for the practice of interior design: Provided, however, That persons properly registered and licensed as interior designers may among themselves or with a person or persons properly registered and licensed as building architects, town planners, landscape architects, civil engineers and any other allied design professionals, may form and obtain registration with the Securities and Exchange Commission of a firm, partnership or association using the term Interior Design, Interior Designers and Planners or Architect and Interior Designer but nobody shall be a member, partner or associate unless he is a duly registered and licensed design professional, and the members who are interior designers shall only render work and services proper for an interior designer as defined in this Act. Annotation: A Registered and Licensed Architect (RLA) is clearly referred to as a design professional under R.A. No. 8534. This means that there is admission on the part of the lawmakers that there is such a thing as architectural design, separate and distinct from interior design and engineering design. XXX

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Attachment 4.

Anotated Excerpts from the 2004 Revised IRR of P.D. No. 1096 (the 1977 National Building Code of the Philippines/ NBCP)

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RULE III - PERMITS AND INSPECTION


Anotation: Text in blue font were the subject of the 24 May 2005 Writ of Preliminary Injunction (WPI) issued by RTC Manila Branch 22 and LIFTED/ DISSOLVED by the same Court as of 29 January 2008
SECTION 301. Building Permits 1. No person, firm or corporation, including any agency or instrumentality of the government shall construct, alter, repair, convert, use, occupy, move, demolish and add any building/structure or any portion thereof or cause the same to be done, without first obtaining a building permit therefor from the Building Official assigned in the place where the subject building/structure is located or to be done. The prescribed application for building permit form (NBC Form B-01) shall be used by all applicants. 2. Permits supplementary to a Building Permit shall be applied for and issued by the Building Official. These include Ancillary and the Accessory Permits. a. Ancillary Permits The Ancillary Permits duly signed and sealed by the corresponding professionals and the plans and specifications shall be submitted together with the duly notarized application for Building Permit. The Building Permit is null and void if not accompanied by the Ancillary Permits. The prescribed Ancillary and other Accessory Permits/forms shall likewise be used whenever applicable. The Ancillary Permits are the following: i. ii. iii. iv. v. vi. vii. Architectural Permit Civil/Structural Permit Electrical Permit Mechanical Permit Sanitary Permit Plumbing Permit Electronics Permit

b. Accessory Permits i. Accessory Permits are issued by the Building Official for accessory parts of the project with very special functions or use which are indicated in the plans and specifications that accompany the building permit application. These may include, among others: bank and records vaults; swimming pools; firewalls separate from the building/structure; towers; silos; smokestacks; chimneys; commercial/industrial fixed ovens; industrial kilns/furnaces; water/waste treatment tanks, septic vaults; concrete and steel tanks; booths, kiosks and stages; and tombs, mausoleums and niches. Accessory Permits are issued by the Building Official for activities being undertaken prior to or during the processing of the building permit. The coverage is spelled out in the accessory permit form including the expiry period. These shall be signed by the concerned owner/applicant and by the concerned professionals. These permits include, among others, ground preparation and excavation, encroachment of foundation to public area, fencing, for fence not exceeding 1.80 meters high, sidewalk construction, temporary sidewalk enclosure and occupancy, erection of scaffolding, erecting, repair, removal of sign; and demolition.

ii.

xxx

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SECTION 302.

Application for Permits

1. Any person desiring to obtain a building permit and any ancillary/accessory permit/s together with a Building Permit shall file application/s therefor on the prescribed application forms. 2. Together with the accomplished prescribed application form/s, the following shall be submitted to the OBO: a. In case the applicant is the registered owner of the lot: i. ii. iii. Certified true copy of OCT/TCT, on file with the Registry of Deeds, Tax Declaration, and Current Real Property Tax Receipt.

b. In case the applicant is not the registered owner of the lot, in addition to the above; duly notarized copy of the Contract of Lease, or Deed of Absolute Sale. 3. Five (5) sets of survey plans, design plans, specifications and other documents prepared, signed and sealed over the printed names of the duly licensed and registered professionals (Figs. III.1. and III.2.): a. Geodetic Engineer, in case of lot survey plans; b. Architect, in case of architectural documents; in case of architectural interior/interior design documents, either an architect or interior designer may sign; c. Civil Engineer, in case of civil/structural documents;

d. Professional Electrical Engineer, in case of electrical documents; e. Professional Mechanical Engineer, in case of mechanical documents; f. Sanitary Engineer, in case of sanitary documents;

g. Master Plumber, in case of plumbing documents; h. Electronics Engineer, in case of electronics documents. 4. Architectural Documents a. Architectural Plans/Drawings i. Vicinity Map/Location Plan within a 2.00 kilometer radius for commercial, industrial, and institutional complex and within a half-kilometer radius for residential buildings, at any convenient scale showing prominent landmarks or major thoroughfares for easy reference. Site Development Plan showing technical description, boundaries, orientation and position of proposed building/structure in relation to the lot, existing or proposed access road and driveways and existing public utilities/services. Existing buildings within and adjoining the lot shall be hatched and distances between the proposed and existing buildings shall be indicated. Perspective drawn at a convenient scale and taken from a vantage point (birds eye view or eye level). Floor Plans drawn to scale of not less than 1:100 showing: gridlines, complete identification of rooms or functional spaces. Elevations, at least four (4), same scale as floor plans showing: gridlines; natural ground to finish grade elevations; floor to floor heights; door and window marks, type of material and exterior finishes; adjoining existing structure/s, if any, shown in single hatched lines.

ii.

iii.

iv. v.

_____________________________________________________________________________________________ Statement that Architectural (and Architectural Interior) Design are Exclusive Parts of the Scope of the Practice of Architecture as Defined Under R.A. No. 9266 (The Architecture Act of 2004) and its 2004 Implementing Rules and Regulations dated 28 May 2008 page 33 of 36

vi.

Sections, at least two (2), showing: gridlines; natural ground and finish levels; outline of cut and visible structural parts; doors and windows properly labeled reflecting the direction of opening; partitions; built-in cabinets, etc.; identification of rooms and functional spaces cut by section lines. Reflected ceiling plan showing: design, location, finishes and specifications of materials, lighting fixtures, diffusers, decorations, air conditioning exhaust and return grills, sprinkler nozzles, if any, at scale of at least 1:100.

vii.

STANDARD FORM (Type A0, A1, A2 and A3) FOR BUILDING PLANS / CONSTRUCTION DRAWINGS Figure III.1.

PRC No. . IAPOA No. PTR No. Place

Validity O.R. No. Date TIN Date

_____________________________________________________________________________________________ Statement that Architectural (and Architectural Interior) Design are Exclusive Parts of the Scope of the Practice of Architecture as Defined Under R.A. No. 9266 (The Architecture Act of 2004) and its 2004 Implementing Rules and Regulations dated 28 May 2008 page 34 of 36

MODEL TITLE BLOCK


FOR BUILDING PLANS/CONSTRUCTION DRAWINGS Figure III.2.
viii. Details, in the form of plans, elevations/sections: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) ix. x. Accessible ramps Accessible stairs Accessible lifts/elevators Accessible entrances, corridors and walkways Accessible functional areas/comfort rooms Accessible switches, controls Accessible drinking fountains Accessible public telephone booths Accessible audio visual and automatic alarm system Accessible access symbols and directional signs Reserved parking for disabled persons Typical wall/bay sections from ground to roof Stairs, interior and exterior Fire escapes/exits Built-in cabinets, counters and fixed furniture All types of partitions

Schedule of Doors and Windows showing their types, designations/marks, dimensions, materials, and number of sets. Schedule of Finishes, showing in graphic form: surface finishes specified for floors, ceilings, walls and baseboard trims for all building spaces per floor level. Details of other major Architectural Elements.

xi.

b. Architectural Interiors/Interior Design i. ii. iii. iv. v. vi. Space Plan/s or layout/s of architectural interior/s. Architectural interior perspective/s. Furniture/furnishing/equipment/process layout/s. Access plan/s, parking plan/s and the like. Detail design of major architectural interior elements. Plan and layout of interior, wall partitions, furnishing, furniture, equipment/appliances at a scale of at least 1:100. Interior wall elevations showing: finishes, switches, doors and convenience outlets, cross window sections with interior perspective as viewed from the main entrance at scale of at least 1:100. Floor/ceiling/wall patterns and finishing details. List of materials used. Cost Estimates.

vii.

viii. ix. x. c.

Plans and specific locations of all accessibility facilities of scale of at least 1:100.

d. Detailed design of all such accessibility facilities outside and around buildings/structures including parking areas, and their safety requirements all at scale of 1:50 or any convenient scale. e. Fire Safety Documents
_____________________________________________________________________________________________ Statement that Architectural (and Architectural Interior) Design are Exclusive Parts of the Scope of the Practice of Architecture as Defined Under R.A. No. 9266 (The Architecture Act of 2004) and its 2004 Implementing Rules and Regulations dated 28 May 2008 page 35 of 36

i.

Layout plan of each floor indicating the fire evacuation route to safe dispersal areas, standpipes with fire hose, fire extinguishers, first aid kits/cabinets, fire alarm, fire operations room, emergency lights, signs, etc. Details of windows, fire exits with grilled windows and ladders. Details of fire-resistive construction of enclosures for vertical openings. Details of fire-resistive construction materials and interior decorative materials with fireresistive/fire-retardant/fire-spread ratings Other Related Documents

ii. iii. iv. v. f.

Other related documents

NOTHING FOLLOWS.

_____________________________________________________________________________________________ Statement that Architectural (and Architectural Interior) Design are Exclusive Parts of the Scope of the Practice of Architecture as Defined Under R.A. No. 9266 (The Architecture Act of 2004) and its 2004 Implementing Rules and Regulations dated 28 May 2008 page 36 of 36